Game -- Video Game Scratched

flatheman4

I bought GTA4 today and played it and it was working fine on my xbox360 the first time. But I wanted to play it again an hour later and it wasn't working. It would goto the load screen and freeze. The disc was scratched in an arc shape. I went into the store I purchased it from [Game], and told them what had happened. They told me that I have to contact Rockstar and they'll have to sort it out. They said the 360 scratched it. If that was the case, should Microsoft have to replace my disc (and not rockstar?) and console for selling me a faulty 360? If it was scratched before I bought it (I didn't check to see if it was scratched when putting it in), shouldn't Game have to replace/refund it? Who has to prove which case it was? We tried Gears Of War and that worked fine and has no scratches on it (After GTA4). Before GTA4, Halo3 was in there all the time, unscratched. And if the 360 was scratching the disc shouldn't it be all around the disc and not just an arc? They said they'd take it back if one more person came in and had the same complaint, but they didn't take down any of my details or anything. They wouldn't write and sign a note on a piece of paper saying I was in today about this issue, and either include in that note that they advised me to take it up with Rockstar and/or that they wouldn't replace/refund the disc. They rang their customer care saying that my GTA4 was scratched and that they'll have a call log and thats proof enough that I was in that day. They also rejected writing the note on the grounds that they'd remember me when I come in again. I told them that there word isn't evidence I was in. I never asked for a manager. I was only speaking to sales assistants. They recommended to take it up with Game in there headquarters. I asked for the number for customer care phoneline support. They gave me Microsoft's one instead, presumably believing that the 360 is the reason for the scratch.

What are my rights on this matter and what actions should I take?

Should they have to replace/refund the disc for me?

Do I have to prove it was scratched before or do they have to prove I scratched it?

Was I right in asking for that note?

Do I automatically lose my refund/replacement if I open the box and find it scratched outside the store?

Why do I have to deal with Rockstar and not Game or Microsoft?


(I bought the Xbox360 less then a year ago, checked the ~5 games I have, all not scratched but this one is any explanations?)

I'd appreciate the help!

BuddhaJoe

Is it scratched like this:



If so these scratches were caused by your Xbox. The problem is caused by a TSST drive that is missing parts that stabilize the disc which causes the disc to get scratched heavily in a circular pattern if the Xbox is tilted. This is mainly found in Xbox's produced in December 2006.

As for your other questions, since more than likely your Xbox caused the damage Game should not have to give you a refund/replacement. Having had an 360 that scratched disks myself I can tell you that Microsoft will repair the faulty dvd drive for free, and in my case they also supplied me with a replacement copy of Gears of War which my 360 had destroyed, although that is a Microsoft published game so I don't know what would happen concerning GTA4.

seamus

flatheman4 wrote: »

What are my rights on this matter and what actions should I take?
Should they have to replace/refund the disc for me?

The answers to both of these depend on whether or not the disc was scratched when you bought it. If it was, then you have the right to a replacement disc or a refund (whatever Game chooses to do). The retailer who sold you the item is the one you have to deal with, you do not have to deal with any manufacturer or publisher - the person who sold you the product is the person who is liable for such faults.

Do I have to prove it was scratched before or do they have to prove I scratched it?

Well, neither really. Both of you are presumed to be in the right unless either of you can prove otherwise.

Was I right in asking for that note?

Makes no odds. Your having gone in and left empty-handed doesn't affect your statutory rights.

Do I automatically lose my refund/replacement if I open the box and find it scratched outside the store?

Absolutely not.

Why do I have to deal with Rockstar and not Game or Microsoft?

You don't. Rockstar will tell you where to go. You only have to deal with Microsoft if their console scratched the disc.

(I bought the Xbox360 less then a year ago, checked the ~5 games I have, all not scratched but this one is any explanations?)

This is your "proof". The fact that suddenly a brand new game got scratched, yet none of your other games have been scratched points to there being a very high chance of the disc having been scratched before you bought it. Assuming the arc-shaped scratch isn't concentric (concentric is what BuddhaJoe posted), then that also indicates that the console didn't scratch it - there would be nothing inside the console that would create a scratch like that.
If it is concentric, it was probably your system that screwed it and you'll have to speak with Microsoft.

It's quite possible that Game staff were told "no returns" by their managers on this particular game yesterday, due to the high demand.

Assuming that it wasn't your console's fault, go back in with the disc and your receipt, point to the fact that none of your other discs are scratched and don't mention the fact that you managed to play it once - this will only serve to muddy the waters as we all know sometimes the disc will work even if it's scratched to bejaysus.
If they even hint at being difficult or talking about refusing to refund/replace, then ask to speak to a manager. If they tell you that a manager isn't there, then insist that they take your name and number and have the manager ring you.

flatheman4

First of all, thanks for your quick replies!

BuddaJoe:

It wasnt scratched like that. It was a more over towards the centre and it wasn't a circle. It wasn't even a semi-circle. It was a perfect circular arc, covering a third of the disc. None of the photo's I took could show it clearly. The Xbox was manufactured in 2007.

seamus:

I hadn't told them I played it, and they still refused to take it back. I've been advised to speak to the manager and then if that fails, to take them to small claims court. I rang Microsoft, they too said I have to deal with Rockstar, to get my game back. But I don't understand why Microsoft and Game both told me to go to Rockstar. They said because I bought the license to the game off them, and there the only one's who can replace it, but from what I though, Game or Microsoft is at fault and they'll have to replace my disc.

mgsrocks

Did your xbox didnt move when you had the came in it? When i first put in halo 3 i moved my xbox from horizontal to vertical and it caused the same scratch your talking about.

I was lucky though, brought it back to HMV and they said that it was from the xbox but they'll change it anyway.

Kinetic^

I had a problem with my COD2 disk back in 2006. Sent it back to activision. They sent me out a new one.

seamus

flatheman4 wrote: »

They said because I bought the license to the game off them, and there the only one's who can replace it

That much I suppose is correct - you've purchased a licence to play the game, you don't actually own the code on the disc. And only the publisher is authorised to replace a damaged disc (you still retain your licence to play the game, even if your disc is busted). But that's a technicality - if the disc was damaged before you bought it, the retailer must replace it.

Sam Vimes

flatheman4 wrote: »

But I don't understand why Microsoft and Game both told me to go to Rockstar. They said because I bought the license to the game off them, and there the only one's who can replace it, but from what I though, Game or Microsoft is at fault and they'll have to replace my disc.

they are technically correct. microsoft don't make the game so microsoft can give you a new one. however, if it was their console that damaged your copy, then they should be the ones who PAY FOR a replacement.

and there's no point getting a replacement if your xbox is just going to wreck that one too. have you played other games in the xbox since this happened?

Absolam

flatheman4 wrote: »

I bought GTA4 today and played it and it was working fine on my xbox360 the first time. But I wanted to play it again an hour later and it wasn't working. It would goto the load screen and freeze. The disc was scratched in an arc shape. I

The arc scratch is pretty common when the machine is moved whilst the disc is spinning alright.. if that's the case then you'd be relying on Rockstar to replace the disc as a matter of goodwill.

subway

get on to consumer connect,
theyll give you the definitive answer so that you can approach the retailer with the correct legal info.

www.consumerconnect.ie

Pegasus15

Since your disc is scratched, maybe this doesn't have anything to do with it but it's probably worth noting anyway.